LAWS(UTN)-2019-2-119

DEEN BANDHU SINGH RAWAT Vs. STATE OF UTTARAKHAND

Decided On February 27, 2019
Deen Bandhu Singh Rawat Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard Mr. C.K. Sharma, learned counsel for the appellant, Mr. S.S. Chaudhary, learned Brief Holder for the State of Uttarakhand, and Mr. Navnish Negi, learned counsel for respondent no.5.

(2.) This appeal is preferred against the order passed by the learned Single Judge in WPSS No.427 of 2011 dtd. 22/5/2013. The appellant herein filed the said writ petition seeking a writ of certiorari to quash the orders dtd. 7/8/2010 and 3/2/2011; and a writ of mandamus commanding the 3rd respondent to allow him to work in the post of the Principal of the College.

(3.) Facts, to the limited extent necessary, are that both the petitioner and 5th respondent were appointed as ad-hoc lecturers by order dtd. 26/9/1991. While the appellant writ petitioner joined duty as an ad-hoc lecturer on 30/9/1991, the 5th respondent joined a day later on 1/10/1991. Both the appellant and the 5th respondent were regularized as lecturers on the same day i.e. 27/7/1998. Contending that he was senior to the 5th respondent, since he had joined duty as an ad-hoc lecturer, a day earlier than the 5th respondent, the appellant invoked the jurisdiction of this Court.